Monthly Archives: June 2022
Letter to the Editor: Deb McCoy
WHAT JUST HAPPENED?
“Every action of local government must be consistent with the U.S. Constitution, federal statutes, the Constitution of the State of Kansas, State statutes (unless the city has enacted a valid charter Ordinance), and local ordinances. It is extremely important for a city to follow its own ordinances.” This is a quote from the Governing Body Handbook, a reference for elected municipal officials from the League of Kansas Municipalities.
- I don’t claim to be an expert in law. When I read an Ordinance or a State Statute I take the verbiage literally. What took place during the past two City Commissioners Meetings on Wednesday, June 1st, and on Tuesday June 7th, raised a lot of Red Flags in the disregard of State Statutes regarding the hierarchy of the Mayor/President position when a position is vacated on the commission, and the disregard of our City Ordinance 3290 which addresses how to Fill a Vacancy. And last of all, the legal requirements of those persons who sent letters of interest or who are nominated for the vacated commissioner position.
When someone resigns as a Mayor or commissioner,the statutes are specific to your class of city and form of government. We are a Class One City and when the Mayor steps down per state statute 121-10a04 as explained in the Governing Body Handbook the President of the commission becomes the Mayor and remains in this position until the next city general election. The commission elects a new president. The final step in the process is the Commission must nominate and vote on a qualified elector to the vacant position. These actions are to be taken within 10 days. These steps also follow the Kansas State Statute 13-513.
When Filling a vacant Position on the Fort Scott City Commission: On
June 21st 2005 a City Ordinance 3290 was written on how to fill a commissioner vacancy and was passed by our city commissioners as follows:
SECTION 1. Vacancy in Office – How Filled.
”In case of any vacancy in the office of Mayor or commissioner, the remaining members of the Board of Commissioners shall, within ten days or the next regularly scheduled city commission meeting, after the occurrence of a vacancy, elect some suitable person, by majority vote, who shall reside inside the territorial limits of the City of Fort Scott, Kansas and shall be a qualified elector therein to fill the vacancy for the balance of the the unexpired term of such office. If the remaining members cannot agree upon a suitable person, then they shall call upon the City Attorney who shall cast the decisive vote for such appointment.
If the mayor or a city commissioner shall move outside the territorial limits of the City of Fort Scott, Kansas such move shall ipso facto be deemed to create a vacancy in such person’s office.
SECTION 2. This ordinance shall be effective after its passage and publication in the official City Newspaper.
State Statute 14-1305 Supports the above Ordinance 3290 and the verbiage is almost identical.
We have had five Commissioners resign and we have approached the “Filling of the Vacancy” five different ways, disregarding the above Ordinance and its
verbiage.
- Where in this Ordinance does it state that Letters of Interest shall be requested?
- Where in this Ordinance does it state that the Letters of Interest will be reviewed by the sitting City Commissioners and then voted on in a public meeting?
- Where in this Ordinance does it state that those who sent a Letter of Interest will be interviewed and asked the same questions in a public meeting and then voted on in a public meeting by the commissioners.
- And who is responsible for reviewing the Letters of interest to confirm that they meet the qualifications for holding an office?
This brings me to the next concern regarding qualifications for holding an office.
There is “Minimum Legal Requirement for Holding an Office” per the Governing Handbook which includes the basic duties of municipal office, the state law sets forth the following minimum requirements that each elected official is required to observe:
- An individual must be 18 years of age who is a citizen of the United States, a permanent resident of this state, and a “qualified elector.” This means the person must be a registered voter in the city when filing for office. To hold office, the individual must be a “qualified elector” at all times. See Kansas State Statute 14-109 and 15-209.
- State law requires elected officials to maintain residency within the city limits at all times during the elective term.
In reviewing the minimum legal requirements for holding an office, it appears that we may have candidates that did not meet one of the qualifications when submitting their letters of interest. Did all of the candidates meet the qualifications of a “qualified elector” or proof of residency within the city limits when their letter of interest was submitted?
Here is my question to you as the elected officials of this city:
- Why do we not follow our City Ordinance 3290 as written for filling a vacancy? The verbiage is basically the same as the state statute.
- Your lack of regard for our City Ordinance was ignored five times and the process of filling the five vacancies was done five different ways.
- How can we rectify the above questionable illegal actions taken by you as members of our City Council involving the filling of a mayor/commissioner vacancy, ignoring the state statutes regarding the hierarchy of the commissioner when a position is vacated and then filling a vacated position with a candidate that was not qualified to even submit a letter of interest, let alone be placed into the commission vacancy.
- Consistency with Administrative Regulations have the force and effect of law and must be observed.
- The most important question I have is where is the legal oversight of our City Attorney in making sure that every action of the local government must be consistent with the U.S. Constitution, federal statutes, the Constitution of the State of Kansas, State statutes (unless the city has enacted a valid charter Ordinance), and local ordinances.
- What actions are going to be taken to rectify this fiasco?
I have documentation to support my concerns.
Deb McCoy
6/10/22
Bo Co Dems Meet June 19
FS Land Bank Meets June 13
The Land Bank meeting will be held on Monday, June 13th, 2022 at 4:00 p.m. at City Hall, 123 S. Main Street, Fort Scott, Kansas, in the City Commission meeting room.
This meeting will be made available via the City’s you tube channel at City of Fort Scott.
Agenda For the Bourbon County Commission June 14
Agenda
Bourbon County Commission Room
1st Floor, County Courthouse
210 S. National Avenue
Fort Scott, KS 66701
Tuesdays starting at 9:00
Date: June 14, 2022
1st District–Lynne Oharah Minutes: Approved: _______________
2nd District–Jim Harris Corrected: _______________________
3rd District–Clifton Beth Adjourned at: _______________
County Clerk–Ashley Shelton
MEETING HELD IN THE COMMISSION ROOM
Call to Order
• Flag Salute
• Approval of Minutes from previous meeting
• Eric Bailey – Road & Bridge Report
• Ashley Shelton – Approval of Fireworks Permits
• Ashley Shelton – KSA 25–2708 Preservation of Ballot and Election Records
• Bill Martin – Jail Operations
• Lynne Oharah – Executive Session KSA 75–4319(b)(2) for consultation with an attorney for the
public body or agency which would be deemed privileged in the attorney–client relationship
• Justin Meeks – County Counselor Comment
• Susan Bancroft – Chief Financial Officer Comment
o SEK Multi–County Health Dept of BBCO Community Baby Shower
o BBCO Bank Reconciliation for The Five Months ending May 31, 2022
o 2023 Funding for Juvenile Detention Center
o Executive Session – KSA 75–4319(b)(1) to discuss personnel matters of individual
nonelected personnel to protect their privacy
• Shane Walker – Chief Information Officer Comment
• Public Comment
• Commission Comment
Justifications for Executive Session:
KSA 75–4319(b)(1) To discuss personnel matters of individual nonelected personnel to protect their privacy
KSA 75–4319(b)(2) For consultation with an attorney for the public body or agency which would be deemed privileged in the attorney–client relationship
KSA 75–4319(b)(3) To discuss matters relating to employer–employee negotiations whether or not in consultation with the representative(s) of the body or agency
KSA 75–4319(b)(4) To discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust, and individual proprietorships
KSA 75–4319(b)(6) For the preliminary discussion of the acquisition of real property
KSA 75–4319(b)(12) To discuss matters relating to security measures, if the discussion of such matters at an open meeting would jeopardize such security measures.
Attachments:
Preservation of Ballots and Election Records
Southeast Kansas Regional Juvenile Detention Center-Funding Request
BBCO Bank Reconciliation for five months ending May 31, 2022
Agenda Request – SEK Multi-County Health Dept of BB Co Community Baby Shower
Rahab Lived in a Wall by Carolyn Tucker
Keys to the Kingdom
The city of Jericho was the home of a prostitute named Rahab. Her story in the Old Testament is one of amazing faith and backbone. Rahab‘s life shows God’s mercy and loving nature in using the less than perfect, the unlikely, and the improper to accomplish His purposes. God still loves to empower ordinary people to fulfill His extraordinary divine plans. With the exception of her family, Rahab chose to leave everything and every idol behind. Because of her spunk and newly-found trust in the Israelites’ God, she eventually became an ancestor of king David and King Jesus.
If it’s been awhile, you may want to re-read Rahab’s intriguing story in the book of Joshua, chapters 2 and 6. I love the verse where she helped the Israelite spies escape from her home: “Then she let them down by a rope through the window, for her house was built into the city wall, so that she lived in the wall” (Joshua 2:15 ESV). I found nine other translations confirming that she lived in the wall. Here’s a couple: “She resided within the wall itself” NRS. “She dwelt in the wall” RSV.
We believers are hidden with Christ in God. I like “in God” because that’s as good as it gets. “Set your minds on things that are above, not on things that are on earth. For you have died, and your life is hidden with Christ in God” (Colossians 3:2,3 ESV). When the men from various caravan routes crisscrossed at Jericho, they told news of a multitude of Israelites. This swarm of people had a God unlike any idol Rahab knew about. She heard how the one and only true God miraculously dried up the Red Sea and gave astonishing victory in their battles, which caused the Canaanites’ hearts to melt with no spirit to fight. Rahab made up her mind to cast her lot with God’s people. When she lived in the wall, she chose to risk her life by protecting the two Israelite spies. Before Jericho was destroyed, she actually switched from living in a wall to living in the God of all.
“But God, who is rich in mercy, because of His great love with which He loved us, even when we were dead in trespasses, made us alive together with Christ (by grace you have been saved), and raised us up together and made us sit together in the heavenly places in Christ Jesus” (Ephesians 2:4-6 NKJV). Since believers are seated in heavenly places in Christ Jesus, we can enter into rest and peace in our spirit and soul while here on earth.
Ike Davis and Ray Heady put their musical heads together and penned the classic song, “In the Shelter of His Arms. The tune and lyrics came to my mind as I thought about Rahab living in the wall, and how blessed it is to exchange a stone wall for the loving arms of Jesus. “When my soul was disturbed with sorrow and my heart was broken with sin; Jesus opened His arms of mercy and tenderly took me in. There is peace in the time of trouble. There is peace in the midst of the storm. There is peace, though the world be raging, in the shelter of His arms.”
If you ever feel like you’re beating your head against a wall, just turn around and you’ll find Jesus standing there with His arms open wide.
The Key: Don’t live in a wall when you can choose to live victoriously in Christ Jesus.
Knowledge by Gregg Motley
A common misunderstanding of what makes a country or jurisdiction economically successful is the belief that it relies primarily on an abundance of natural resources and money to invest; “It takes money to make money,” the saying goes. The explosive economic prosperity generated by the United States of American (“USA”) is often attributed to the rich natural resources available to our founders.
One only has to consider that the natives of this land occupied it for centuries and did not come close to generating the economic success that this relatively new nation did in our first 200 years of existence. They had access to the plentiful resources long before the first immigrants set foot here. What made the difference? The answer is knowledge.
Successful businesses rely on knowledge that gives birth to innovation and popular products and services. A person or group of people with a knowledge base experiment until they come up with new way to meet the needs of their customers; they build a better mouse trap.
I remember attending a technology seminar in 1991, and a presenter told the large audience that in the near future, each of us would carry around phones with us and have individual phone numbers. How could this be? I did not have a vision for it. The cell phone has replaced land lines, long distance service, local telephone companies, answering machines, GPS devices and more. The inventors that imagined the cell phone built on decades of previous knowledge bases, and envisioned what was possible and what people wanted.
The USA became the most prosperous nation in human history because of this explosion of knowledge and innovation, unleashed by unprecedented personal freedom, private property rights, and the belief that people are capable of governing themselves without a controlling central authority. Totalitarian monarchs or emperors had ruled nations in all the years of human history prior, squelching freedom and economic prosperity.
Then why is the economic engine of this great nation slowing down? Because of the erosion of freedom which suppresses knowledge and innovation. We are gradually headed down the European road which has embraced a utopian vision of a risk-free society. Entrepreneurs and innovators sometimes fail and people lose money. Socialist nations try to take the risk out of the business cycle by tightening their grip on economic activity through regulation and fiscal and monetary policy, and the USA is following suit. When businesses spend an enormous amount of time complying with regulation rather than innovating, the quest for knowledge is inhibited and business activity slows down. This has the unintended consequence of impacting small businesses disproportionately. Large corporations have the resources to hire compliance experts and lawyers to help them understand complicated laws and defend themselves against regulatory overreach.
As a nation and a community, let us continue to invest in education and the knowledge base of our young people. Let us drop this notion that a central government can create a utopia for all of its citizens. Let us continue to give businesses the freedom to innovate and sometimes fail. In the end, it will mean more prosperity for a broader spectrum of our people.
Staying Motivated to Exercise
Staying Motivated to Exercise
Over and over again we hear that one of the best contributing factors to aging successfully is to keep active. Regular exercise is found to help with our sleep, our mental state, brain function — not to mention keeping our physical body stronger longer that assists with better balance.
So why do we find it easy to forego that much needed daily activity? I find excuses on occasion myself – “I’m tired,” “I ache or just don’t feel well.” Most of the time my day just gets away from me.
As we age, we truly have those days where we don’t feel well enough to exert extra energy – and we need to heed those hints our bodies send us. However, more than likely it could be a lack of planning or a shortage of desire that keeps us from following through.
If daily physical activity is one of the most important things we can do for ourselves to keep doing the things we enjoy as we age, how do we stay motivated? Consider the following tips.
First, make daily exercise a priority and then find ways to fit it into your day. We are more likely to stay moving if we consistently make time for it. This time of year, we may plan to beat the heat with an early morning walk. Make it a habit to park a distance away when connecting for appointments or shopping, if you can handle the extra steps. Physical activity doesn’t all have to be done in one fell swoop. Break it up into smaller segments and different activities to better use a variety of your muscles.
Do activities you enjoy. It will make it more fun. Right now the garden is a busy site for some physical activity. With this rain, I’ve found areas where the weeds have been flourishing even when the sun doesn’t shine. Be creative and try something new. I’m interested in learning more about pickleball.
Make it a social activity. Whether it’s the family dog or a neighbor close by, research has proven we are more accountable with our physical activity when others are counting on us to move with them. This encouragement helps keep us going and provides emotional support.
Get back on track if there has been a break in your routine. Life happens. Well laid plans aren’t always able to be kept. Things like weather and injury or illness interfere. If it has been an extended break, it’s important to start slowly and gradually build back up to your previous level. The activity types may need to be altered. However, there are some great chair activities that can be done if recuperation is needed.
Set goals and keep track of your physical activity. Tracking can be a motivator. The tracking may begin to indicate where weaknesses might be in a plan. Sometimes we think we are getting more exercise than we really are. There are devices available that track steps and heart rates to help monitor exercise levels. When goals are reached reward yourself and set a new goal.
Research suggests building up to at least 30 minutes of activity on most days of the week that accelerates your breathing. We are also encouraged to spread our activity across a variety of exercises that promote endurance, strength, balance, and flexibility.
Exercise should not hurt or make you feel really tired. You might feel some soreness, a little discomfort, or a bit weary, but you should not feel pain. Overall, being active will probably make you feel better and more productive.
For more information on physical activity, contact your Southwind Extension District office.
K-State Research and Extension is an equal opportunity provider and employer.
What’s Happening in Fort Scott June 10 Weekly Newsletter
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New Auto Detail Business Owner Follows His Passion
Pay Attention to the Floor Mats by Patty LaRoche
For six days Dave and I had driven our mini-van in Mexico and never noticed that our floor mats were not ours. These were thin and shredded in spots—clearly not the nice, thick ones we had paid extra for when we purchased the vehicle four years ago.
The only explanation was they had been replaced at the car wash—one we frequent regularly—the previous week. Dave had gone alone and had sat outside under an umbrella while attendants dried our car. When he checked their work, he noticed the shiny dashboard and nice buffing job on the car’s exterior but paid no attention to the floor.
Predictably, Hubby relied on his “I speaka no Spanish” excuse. “We need to go back there, Patty,” he said, “and you need to tell them that they gave us the wrong floor mats.” Thanks to Google translate, that was no problema. I explained to the manager what had happened. He took our floor mats, walked to the back of the store and returned with others we didn’t recognize. I understood a few words like “tomorrow” and “10:00” and “check the cameras,” so the next morning, I drove back to the carwash. This time I was told to wait until Gabriel, a senior manager, met me there. Perhaps he and I would look at the cameras together?
Gabriel spoke little English, but when I questioned the cameras, he said—at least, I think he said—that the security company had the code to view the tapes, and it was impossible to reach the people who worked there. Hmmm. He asked to look inside my mini-van. Since they had failed to remove the mat in the trunk of our vehicle, he could see the quality of the ones we were missing. He assured me that there were three stores in Mazatlán that “probably” carried them.
They didn’t, but Gabriel’s subsequent text was a pleasant surprise. If I came by the car wash at noon the next day, they would give me $140 in U.S. dollars. I told Dave that he needed to go with me because I probably was going to be abducted and tortured, but he told me that he had confidence I could handle myself just fine. I mean, how sweet is that?
The fact that I am writing this article tells you nothing happened to me. I drove up, the manager handed me the cash, apologized, and I drove home. When I shared my story with a girlfriend who lives in Mazatlán, she said that the same thing happened to her husband on three different occasions. Three times? I mean, one time was enough. Never again will I get into my vehicle at a car wash without looking at my floor mats…and after reading this article, you probably won’t either.
Not a life-and-death matter, of course, and this one was resolved, but it reminded me of another area where I take things for granted…and sometimes not even three times is sufficient to get my attention. In Hebrews 2:1, Paul warns us of such danger: We must pay closer attention, therefore, to what we have heard, so that we do not drift away. Paul is not talking to those who never accept Jesus as their Lord; he is talking to Christians who don’t learn their lesson the first time and heed the little things that then cause them problems.
One Sunday on the golf course instead of at church turns into weekends of buddy- time. One time talking behind the boss’s back starts a rumor mill that won’t be stopped. One peek at a porn sight leads to an addiction that ruins a marriage. One excuse after another finding no time to read the Bible or talk with God causes a faith to back-slide
Not paying attention to floor mats is not the end of the world. Not paying attention to our faith, however? That’s an entirely different story.